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I am a Natural Born United States Citizen with NO allegiance or citizenship to any nation but my own, and will use this site as a hobby place of sorts to present my own political and religious viewpoints, as a genuine Constitutional Conservative and a genuine Christian Conservative.

Thank you for coming. -------------------------------------------------------------------In the Year of our LORD Jesus Christ 2017

--As of January 20, 2017

A Sigh Of Relief With The Inauguration Of Donald John Trump as President of the United States of America, And Hope For A Prosperous Future For All United States Citizens (we who are a nation called "the melting pot of the world"). We shall be great and exceptionally great again.

Peace and Liberty. Semper Fidelis.

Sunday, August 4, 2013

Can We The Healthcare Mandate Be Relitigated Before The Supreme Court And Tossed Out? I Personally Believe It Can and Should Be, But Only The States That Sued Might Only Have That Standing At Present.

Chief Justice Marshall, inCohens v. Virginia, 19 U.S. 6 Wheat. 264 (1821) @ 404http://supreme.justia.com/cases/federal/us/19/264/case.html stated
that:“Questions
may occur which we would gladly avoid, but we cannot avoid them. All we can do
is to exercise our best judgment and conscientiously to perform our duty.”But in the words immediately preceding this, he also stated the solution
inside of the problem.“The
judiciary cannot, as the legislature may, avoid a measure because it approaches
the confines of the Constitution. We cannot pass it by because it is doubtful.
With whatever doubts, with whatever difficulties, a case may be attended, we
must decide it if it be brought before us. We have no more right to decline the
exercise of jurisdiction which is given than to usurp that which is not given.
The one or the other would be treason to the Constitution.”

Obama has regularly stated that if Congress does not legislatively act on an
issue that helps him subvert or abridge or remove certain Constitutional rights
of U.S. Citizens, he will merely do a legislative end-run around them and
create an Executive Order or simply put an action into motion as part of his
Executive Policy anyway. He has even stated this threat before the U.S.
Supreme Court Justices attending front and center at the State of the Union
Speech in which he has also reiterated such threats.

Obama as a M-level lecturer on the Constitution (M for Morons) with regard to
his University of Chicago syllabus.Obama used his class to speak on how to
subvert the Constitution via the 14th Amendment, for example, and despite his
“teaching” Constitutional law, he appears oblivious to the Supreme Court's
decisions in respect to his claim that he can personally end-run legislate by
himself around Congress and / or the Courts threats.

Myers v. United States, 272 U.S. 52 (1925) @177http://supreme.justia.com/cases/federal/us/272/52/case.html“…MR.
JUSTICE HOLMES, dissenting.… The duty of the President to see that the laws be
executed is a duty that does not go beyond the laws or require him to achieve
more than Congress sees fit to leave within his power.”

He is to act within the confines of the Constitution, the supreme law of the
land, because the Constitution is a law, not a guide of recommendations.
The Constitution lists a Bill of Rights he must uphold, but Obama is apathetic
to any admonition to this regard and the legal counsel.

Marbury
v. Madison, 5 U.S. (1 Cranch) 137 (1803)@ 180http://supreme.justia.com/cases/federal/us/5/137/case.html"... in declaring what shall be the supreme law of
the land, the Constitution itself is first mentioned,
and not the laws of the United States generally,
but those only which shall be made in pursuance of the Constitution,
have that rank.
Thus, the particular phraseology of the Constitution of the United States
confirms and strengthens the principle, supposed to be essential to all written
Constitutions, that a law repugnant
to the Constitution is void, and that courts, as well as other departments, are
bound by that instrument."

But now, in regard to the forced Healthcare Mandate that a Soros special interest group wrote, that Congress refused to read and the Democrats adamantly passed anyway, and to which 26 states of the United States sued and were handed down a relegislation by a lone Chief Justice, we now take the issue and kick it up a notch.

The Obama Administration has on its own Executive Branch authority, without the necessary Congressional Legislation, waivered all businesses as exempt from paying Healthcare mandate taxes until 2015, but prejudicing themselves against the individual citizen, especially the working poor with a "pay or else" attitude, and that "if you don't like it, make Congress make legislation and pass it as law to get yours." Really. Obama and his minions usurp the authority of Congress to re-legislate one group of people, business owners, and act as if they have the right to exercise any legislative powers they want to on a whim in the future.

Hypothetically speaking, what would really happen if the majority of the individual tax-paying U.S. Citizenry that Obama and his (illegal) Administration were to pay the I.R.S. only
its normal Federal Income Taxes minus the extra
Obamacare charge that may range from $695 per person to 2.5% of a person’s
income, whichever amount is greater?Exactly, what would really happen if more than half of we who pay income
taxes flatly were to refuse to pay the added unConstitutional amount, and making
the legal challenge on a national scale -- NOT because Obama subverted the Constitution and illegally, criminally violated the separation of powers, exempting a group over there and excluded us, but -- because Obama is NOT legal under the
Constitution to hold office and sign anything into law, and because the
Healthcare mandate did not pass the Supreme Court as a tax except by one vote,
while 8 others voted differently? The actual vote was 4-4-1,not de jure (by claim) the 5-4 that has been assumed.

It merits
serious consideration, discussion, and legal analysis, even if a hypothetical.Will even this hypothetical be denied even as
a hypothetical last option left the American people if the Executive Branch under
Obama and Congress, and the Courts all choose to NOT follow the Constitution
and play the “let’s ignore the Constitution here, here, or there” games they
have been playing since the 2008 election cycle that allowed a foreign natural
born citizen with alien citizenships at birth to the Office of the Presidency
in the first place? It is a hypothetical that even the Media along with
Congress has been virtually proposing, saying that if businesses don’t have to
pay their first Healthcare payment until 2015, why should the average tax-payer
as well.In fact, the Media and Congress
essentially proposed the above hypothetical first (minus giving legitimate
legal reasoning to not pay under case law and the Constitution).

The actual tally of passing Obamacare as a mandated
tax was only one lone Chief Justice that mandated Healthcare by inserting a
form of legislation into the decision and calling it a "tax". Chief Justice Roberts inserted language and re-legislated
the Healthcare Mandate that Congress passed while refusing to read of its
contents, and then by Roberts lone decision, made his opinion that specifically
defined unconstitutional act that the officials of the Obama Administration at
Obama has directed those under him to carry out, as though Roberts legislative unconstitutional act while part of the
Judicial Branch were as law, when it really is not.

5 justices did NOT carry Obamacare, the vote was 4-4-1. Yet, when
we discuss it, it is treated as though the stalled opinion to pass the mandate
by 4 against 4 is to be treated as though it were a majority opinion, even when
it is not. It is a 4-4-1 decision outright, and 8-1 against Roberts in
re-legislating it as a tax from the bench.

Question: Did the Healthcare Law regarding Part III-B (the mandatory
purchase or pay the fine requirement) legally really pass United States Supreme
Court Muster?

NO CONSENSUS as to what Constitutional Provision acted as the engine of
Healthcare was ever decided upon in majority. Tens of thousands of
attorneys need to put down their paper, stop trusting hearsay, and read the
decision carefully and thoroughly for themselves. The Opinion of Roberts
was just that, an opinion…and oddly enough, as regarding the Healthcare Law as
only Constitutional when it is regarded as a tax was the opinion of 1.
Are we to take that the opinion of just one Court Justice now trumps the
contrary opinions of the other 8? No. Of course we should NOT.

…Did the Court see to a Consensus of Affirmation Aequam Servare
Mentem (a Consensus of Affirmation keeping an even mind)?
No. A minority opinion said that it can be legal if you rule that only
this part of the Constitution over here is used, but not that part over there;
while another minority opinion said, No, you must use that part of the
Constitution over there but you cannot use this part of the Constitution over
here. Effectually, by majority, Healthcare as a mandate, when challenged
by closer examination, I would argue, appears to have been more struck
down than not, regarding the forced purchase or pay mandate…despite claims to
the contrary, even by what the Media has thus far gleaned from the syllabus and
Opinion of the Chief Justice.

Syllabus:
[Page 3] “ CHIEF JUSTICE ROBERTS
concluded in Part III-B that the individual mandate must be construed as
imposing a tax on those who do not have health insurance, if such a construction
is reasonable.”

So let's have that discussion now.

By refusing to pay the added "premium", could we not say that the U.S. Citizenry under the Law commit NO actual
crime if it is an unConstitutional Act in the first place? That is a viable legal interpretation that should be re-visited to the U.S. Supreme Court, it seems to me.

For
the Court has stated inEx parte Siebold, 100 U.S. 371 (1879) @376 -377http://supreme.justia.com/cases/federal/us/100/371/case.html“An
unconstitutional law is void, and is as no law. An offence created by it is not
a crime. A conviction under it is not merely erroneous, but is illegal and
void, and cannot be a legal cause of imprisonment.”
And to add injury to injury, since Obama is NOT a United States Natural Born
Citizen and has NO admissible in U.S. Court documentation to prove authority
under Bute v. Illinois 333 U.S. 640
(1948) @ 653 and Nguyen v. INS 533
U.S. 53 (2001) @ 54, 62; then, he has no authority and no tangible office
by which to prosecute except as a criminal in office acting under color of
authority in a usurpation of power. The question on Healthcare might be,
whether like Ernst Janning,

Chief Justice Roberts may be chargeable for crimes
against the Constitution and Humanity at a time when his "leader" is
toppled, because he acts outside the protection of the Constitution of the
Sovereignty at the time.

Ex parte Young, 209 U.S. 123 (1908) 159 - 160http://supreme.justia.com/cases/federal/us/209/123/case.htmlThe
act to be enforced is alleged to be unconstitutional, and, if it be so...it is simply an illegal act upon
the part of a State official in attempting, by the use of the name of the
State, to enforce a legislative enactment which is void because
unconstitutional. If the act which the state [official] ...seeks to enforce be
a violation of the Federal Constitution, the officer, in proceeding under such
enactment, comes into conflict with the superior authority of that
Constitution, and he is, in that case, stripped of his official or
representative character, and is subjected in his person to the consequences of
his individual conduct. The State has no power to impart to him any immunity
from responsibility to the supreme authority of the United States. See In re
Ayers, supra, p. 123 U. S. 507.

“The question whether a law is void for its repugnancy
to the Constitution is at all times a question of much delicacy...The Court, when impelled by duty to render
such a judgment, would be unworthy of its station could it be unmindful of the
solemn obligations which that station imposes. … The opposition between the Constitution and
the law should be such that the judge feels a clear and strong conviction of
their incompatibility with each other.”

Then, where it regards legislation on taxation, if it needs more specific language to be executed, that specific language must be Constitutionally implemented (i.e., by Congressional legislation specifying that).

"Where a
constitutional provision is complete in itself, it needs no further legislation
to put it in force. When it lays down certain general principles, as to enact
laws upon a certain subject, or for the incorporation of cities of certain
population, or for uniform laws upon the subject of taxation, it may need more
specific legislation to make it operative. In other words, it is self-executing
only so far as it is susceptible of execution. But where a constitution asserts
a certain right, or lays down a certain principle of law or procedure, it
speaks for the entire people as their supreme law, and is full authority for
all that is done in pursuance of its provision. In short, if complete in itself,
it executes itself.”

The essential, is that Roberts, in the Judicial Branch, has no legal
authority to mandate a tax upon any of us, because that power exclusively
belongs to Congress in the Legislative Branch. Chief Justice Roberts should have sent the Healthcare Mandate back to Congress as needing a re-write, because it was not his job to re-legislate from the Bench, even if he were to have cited extra-ordinary circumstances.

@528 “Extraordinary conditions may call for extraordinary remedies. But the
argument necessarily stops short of an attempt to justify action which lies
outside the sphere of constitutional authority. Extraordinary conditions do not
create or enlarge constitutional power. [Case Footnote: See Ex parte Milligan, 4 Wall. 2, 71 U. S. 120, 71 U.
S. 121; Home Building &; Loan Assn v. Blaisdell, 290 U. S. 398, 290 U. S.
426. ]The Constitution established a
national government with powers deemed to be adequate, as they have proved to
be both in war and peace, but these powers of the national government are
limited by the constitutional grants. Those who act under these grants are not
at liberty to transcend thePage 295 U. S. 529imposed limits because they believe that more or different
power is necessary. Such assertions of extraconstitutional authority were
anticipated and precluded by the explicit terms of the Tenth Amendment --"The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved to the States
respectively, or to the people." “

…Second. The question of the delegation of legislative
power. We recently had occasion to review the pertinent decisions and the
general principles which govern the determination of this question. Panama
Refining Co. v. Ryan, 293 U. S. 388. The Constitution provides that"All legislative powers herein granted shall be
vested in a Congress of the United States, which shall consist of a Senate and
House of Representatives."Art I, § 1. And the Congress is authorized "To make
all laws which shall be necessary and proper for carrying into execution"
its general powers. Art. I, 8, par. 18. The Congress is not permitted to
abdicate or to transfer to others the essential legislative functions with
which it is thus vested. “

Norton v. Shelby County, 118 U.S. 425 (1886) @442http://supreme.justia.com/cases/federal/us/118/425/case.html“…an unconstitutional act is not a law;it confers no rights; it imposes no duties; it affords no protection;
it creates no office; it is, in legal contemplation, as inoperative as though it had never been passed.”

Williams v. Rhodes, 393 U.S. 23 (1968) @29http://supreme.justia.com/cases/federal/us/393/23/case.html“But
the Constitution is filled with provisions that grant Congress or the States
specific power to legislate in certain areas; these granted powers are always
subject to the limitation that they may not be exercised in a way that violates
other specific provisions of the Constitution.”

Poindexter v. Greenhow, 114 U.S. 270 (1885) @ 290http://supreme.justia.com/cases/federal/us/114/270/case.html"...the maxim that
the King can do no wrong has no place in our system of government, yet it is
also true, in respect to the state itself, that whatever wrong is attempted in
its name is imputable to its government, and not to the state, for, as it can
speak and act only by law, whatever it does say and do must be lawful. That which
therefore is unlawful because made so by the supreme law,
the Constitution of the United States, is not the word or deed of the state,
but is the mere wrong and trespass of those individual persons who falsely
speak and act in its name. "

By declaring you have powers and authority outside that granted by the
Constitution and acting on that claim, you act and speak falsely in the name of
the Government and under color of authority.

That means that Obama is prosecutable without statute of limitations and
without protection for being a usurper, not being a Constitutionally
qualified office holder without a U.S. Natural Born Citizenship (even as he
votes as Barry Soetoro, citizen of Indonesia, for himself in the 2012 election
with a White House 1600 Pennsylvania Avenue address, etc.); and that Chief Justice
Roberts may also one day concurrently join him in prison as well, it seems to
me.

Now some Obama zealots may say, “Hold it.You’re crossing the
threshold of free speech.”But that
is not so.I have placed the arrest and
prosecution of Obama and his co-conspirators against the Constitution of the
United States into a hypothetical indeterminate future scenario that is, for
now, merely "abstract principle, divorced from any effort to instigate
action to that end" as the Court itself stated in Brandenburg.

the United
States Supreme Court in regard to the use of what some may deem as violent
speech held that U.S. Government may “forbid or proscribe advocacy of the use of force or of law violation [only]
where such advocacy is
directed to inciting or producing imminent lawless action and is likely to
incite or produce such action.”

The primary concern of free speech that crosses the
line, in the opinion of the Court, will generally focus on whether if or not
the speech itself poses a "clear
and present danger" to Society so as to cause actual harm.Schenck v. United States, 249 U.S. 47 (1919) @52

“The most
stringent protection of free speech would not protect a man in falsely shouting
fire in a theatre and causing a panic. It does not even protect a man from an
injunction against uttering words that may have all the effect of force.
Gompers v. Bucks Stove & Range Co., 221 U. S. 418, 221 U. S. 439. The
question in every case is whether the words used are used in such circumstances
and are of such a nature as to create a clear and present danger that they will
bring about the substantive evils that Congress has a right to prevent. It is a
question of proximity and degree.”

we also have the distinction made betweenthe"abstract principle[of discussing
rebellion], divorced fromany effort to instigate action to that end”
andthat of an actualcall to arms or violence “advocacy directed at promoting unlawful action.”

An advocacy of an illegal action at some
indefinite time in the future,such
as "we'll take the f**king street
later" when an anti-war demonstration group is ordered to disperse, as
long as it is not directed at a specific group, but is a generic utterance, was
not considered by the Court in Hess v.
Indiana 414 U.S. 105 (1973) @107 to
produce immediate or imminent harm, and therefore is protected speech.

Discussing a possible future scenario that can
easily be changed by a Congress itself willingly specifically de-funding a
program under the same hypothetical by a different means, this still falls
under the definition of the abstract principle divorced from an actual advocacy
toward imminent harm, and is therefore protected speech.

The United
States Supreme Court stated that the Court cannot enter hypotheticals on
Constitutionality, and that in regard to its function and functionality, the
United States Supreme Court itself

“has no jurisdiction to pronounce any
statute, either of a State or of the United States, void because irreconcilable
with the Constitution except as it is called upon to adjudge the legal rights
of litigants in actual controversies. In the exercise of that jurisdiction, it
is bound by two rules, to which it has rigidly adhered: one, never to
anticipate a question of constitutional law in advance of the necessity of
deciding it; the other, never to formulate a rule of constitutional law broader
than is required by the precise facts to which it is to be applied. These rules
are safe guides to sound judgment. It is the dictate of wisdom to follow them
closely and carefully.

---------------

If, on the
other hand, we should assume the plaintiff's case to be within the terms of the
statute, we should have to deal with it purely as an hypothesis, and pass upon
the constitutionality of an act of Congress as an abstract question. That is
not the mode in which this Court is accustomed or willing to consider such
questions. It has no jurisdiction to pronounce any statute, either of a State or
of the United States, void because irreconcilable with the Constitution except
as it is called upon to adjudge the legal rights of litigants in actual
controversies. In the exercise of that jurisdiction, it is bound by two rules,
to which it has rigidly adhered: one, never to anticipate a question of
constitutional law in advance of the necessity of deciding it; the other, never
to formulate a rule of constitutional law broader than is required by the
precise facts to which it is to be applied. These rules are safe guides to
sound judgment. It is the dictate of wisdom to follow them closely and
carefully.

--------------

So, in effect, we might say that we must ourselves explore
the law and hypotheticals if we are to legally and peacefully resolve this to
the very best of conclusions that upholds the U.S. Constitution and the
individual rights guaranteed by that founding document called the "Supreme
Law of the land."

But now that the
Supreme Court has ruled, the question is, who has Article III standing to
sue?

The Court recognized the States of Virginia et al. the Article III standing or the right to sue, and that is essential to even get an audience before them.

“Have
the appellants alleged such a personal stake in the outcome of the controversy
as to assure that concrete adverseness which sharpens the presentation of
issues upon which the court so largely depends for illumination of difficult
constitutional questions? This is the gist of the question of standing. It is,
of course, a question of federal law."

“We need
not mince words when we say that the concept of "Art. III
standing" has not been defined with complete consistency in all
of the various cases decided by this Court which have discussed it, nor when we
say that this very fact is probably proof that the concept cannot be reduced to
a one-sentence or one-paragraph definition. But of one thing we may be sure: those
who do not possess Art. III standing may not litigate as suitors in the courts
of the United States."

@383The language[of the Constitution]… has to be interpreted
in the light of the tacit assumptions upon which it is reasonable to suppose
that the language was used.

@384…In the absence of any prohibition in the
Constitution or laws of the United States, it is for the state to decide how
far it will go.

I believe that the any of the States that sued
over Obamacare can re-sue a challenge regarding Roberts violating the separation of powers,
and have the decision set aside and thereby void out Obamacare. In fact, that may be the very best solution...to have that Healthcare decision set aside by the Supreme Court itself.

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Anyone acquiring or possessing ANY FOREIGN CITIZENSHIP AT BIRTH IS NOT A UNITED STATES NATURAL BORN CITIZEN.

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About Me

A Born-Again Christian Conservative and Fundamentalist. A Republican with a very pro-defense, pro-US Cold War view of politics and the world. I also have, as a non-Jew, a Pro-Israel political and religious position as a born-again Christian Conservative.